MOLDOVA CHILD LABOR UPDATE

UNCLAS SECTION 01 OF 05 CHISINAU 001404

SIPDIS

SIPDIS
STATE FOR EUR/UMB, DRL/IL-TDANG
LABOR FOR DOL/ILAB-TMCCARTER,

E.O. 12958: N/A
TAGS: ELAB EIND ETRD PHUM SOCI MD
SUBJECT: MOLDOVA CHILD LABOR UPDATE

REF: STATE 149662


1. The Government of Moldova (GOM) has taken positive legislative
and regulatory steps in recent years to address problems related to
child labor. However, lack of government funding; poor staffing
levels in monitoring agencies; customary employment of children,
especially during the harvest; cultural norms which regard child
labor as a normal part of growing up; lack of accurate, up-to-date
data about children's employment in the informal sector; and
administrative incapacity all make reform difficult.


2. Conditions for children in Moldova are difficult. Physical abuse
is common, and, according to a 2006 UNICEF report, 34.5% of children
live in poverty. Child poverty is widespread in large families in
both rural and urban areas. Children living in households without
one or both of their parents (generally as a result of parents'
out-migration to find work) make up about one-third of children in
Moldova, and are increasingly appearing among those who live in
persistent poverty. More than two-thirds of poor people's income
goes for food. Expenditures for clothing and footwear are 2.6%,
2.1% for health, and 0.4% for education.


3. According to the 2006 UNICEF report, the percentage of children
attending primary school dropped from 94% to 88% between 2000 and

2005. Approximately 16,000 young people between the ages of 15 and
16 leave the educational system each year without any professional
qualifications.


4. According to a 2000 UNICEF survey (the latest available figures,
as the GOM does not collect child labor statistics),approximately
37% of children aged 5 to 14 were defined as "currently working,"
that is, working for a non-household member or performing more than
four hours per day of work, either in the home or on the family
farm; and measured by income, 50% of the poorest children were
currently working. ILO's International Program on the Elimination
of Child Labor (ILO-IPEC) discovered in 2007 research that
two-thirds of rural children were engaged in farm work by the age of
10, and that many were exposed to risks of injury or disease.


5. (Specific answers to questions raised in reftel begin here.)
Laws and regulations proscribing the worst forms of child labor:

-- The Moldovan Parliament ratified ILO Convention No. 182 on
February 14, 2002. The convention came into force on June 14, 2002.
Moldova signed the Optional Protocol to the Convention on the
Rights of the Child on the involvement of children in armed conflict
and the Optional Protocol to the Convention on the Rights of the
Child on the sale of children, child prostitution, and child
pornography in 2002, and ratified it on February 22, 2007.
Enforcement began on March 16, 2007.

-- On February 17, 2005, Parliament ratified the Protocol to
Prevent, Suppress, and Punish Trafficking in Persons, especially
Women and Children, supplementing the UN Convention against
Transnational Organized Crime.

-- The Criminal Code, which came into force on June 12, 2003,
increased the level of child labor protection, and contains specific
provisions regarding the worst forms of child labor.

-- On March 28, 2003, the GOM adopted a new Labor Code
reflecting international norms. The code came into force
on October 1, 2003.

-- The Labor Code stipulates in Article 46 that the minimum age for
employment is 16 years old. When the child has written agreement
from a parent or legal representative, a 15 year old can sign a work
contract if his/her health will not be placed in danger, and if the
work will not interfere with the child's growth, instruction,
education and professional development. Under no circumstances may
persons under 15 years of age be employed.

-- Under Article 96 of the Labor Code, employees between the ages of
15 and 16 may work a maximum of 24 hours per week. Those between
the ages of 16 and 18 may work a maximum of 35 hours a week.
Article 100 of the Code stipulates that those 15 to 16 years old may
work no longer than five hours in a single day, and those between 16
and 18 years may not work more than seven hours per day. It is
prohibited, according to Articles 110 and 111, respectively, for
employees under 18 years of age to work on weekends and official
holidays.

-- All employees under 18 years of age, according to Article 152 of
the Labor Code, may be employed only after they have passed a
thorough medical exam. Each individual must take and pass a
mandatory medical exam--paid for by the employer--each year until he
or she reaches 18.

-- The Law on Children's Rights (No. 338-XIII of December 15, 1994)
has two articles which address child labor. Article 6 protects

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children from any form of exploitation. Article 11 provides for the
right of children to work according to their age capacities, state
of health and professional training. This Article stipulates that
children age 14 and above can work with the written consent of their
parents or legal representative, contradicting the Labor Code, which
stipulates a minimum work age of 15 years of age. The GOM plans to
amend the law to comply with the provisions of the Labor Code. The
law has not yet been amended; however, government Order No. 220
corrected the age to 15.

-- The GOM has introduced numerous amendments to the Civil
Administrative Code in order to make it consistent with ILO
Convention No. 182. The Parliament was considering a draft law on
the protection of children in difficulty, which would improve the
legislative framework for dealing with children's issues.
-- Minors under 18 years of age have the same labor rights as
adults. In addition, they are granted additional rights regarding
labor protection, working hours, and annual leave. Labor Code
Article 255 prohibits minors (under 18) from participating in
hazardous work. The definition of "hazardous work" covers work that
is harmful or dangerous, as well as jobs that can damage minors'
health or moral integrity, including work involving gambling,
working in night clubs, and selling alcohol or tobacco. The
Moldovan government approved, on September 7, 1993, a special list
of "hazardous work" not permitted for minors. The list includes
industries, sub-industries, sectors and professions with arduous and
dangerous labor conditions. It includes work underground in any
profession, metallurgical work (heavy metals, steel making, rolling
processes),energy and heat production, energy transmission and line
equipment repair, and well drilling.

-- There is no special child labor law in Moldova. The provisions
of the Labor Code on minors' issues apply to all types of work.

-- The Criminal Code defines the worst forms of child labor or
hazardous work as the ILO defines those terms. The law covers all
sectors.

-- The minimum age of 16 to work without the consent of a parent is
consistent with the age for completing educational requirements.


6. Regulations for implementation and enforcement of proscriptions
against the worst forms of child labor:

-- Legal remedies, civil fines and criminal penalties are used to
enforce labor legislation, including child labor rules.

-- Article 206 of the Criminal Code, which came into force on June
12, 2003, provides for ten to fifteen years imprisonment for
trafficking in children and for involving children in the worst
forms of child labor, as defined in ILO Convention No. 182. In
cases with aggravating circumstances, the punishment can amount to a
life sentence. Article 208 of the Criminal Code establishes a
sentence of up to ten years in prison for instigating minors to
perpetrate crimes or immoral acts, including begging or gambling.
Article 209 provides for a sentence of up to six years in prison for
introducing minors to drug use.

-- Moldova has a Labor Inspection Office (LIO),which has
responsibility for investigating all cases of possible labor
violations, including those related to child labor. The government
was restructured in 2005 in an effort to consolidate and streamline
its administration. Labor issues, which had been the responsibility
of the Ministry of Labor and Social Protection, were split between a
newly formed Ministry of Health and Social Protection and the
Ministry of Economy and Trade. The LIO was moved into the Ministry
of Economy and Trade. In November 2006, the Government decided to
recreate the Ministry of Labor, Social Protection and Family.

-- On June 2, 2005, the Code on Administrative Offenses was amended
to allow labor inspectors to apply administrative sanctions for
non-criminal violations on behalf of the LIO without having to refer
the case to a court as had been required prior to the amendment.
Criminal inquiries are submitted for investigation to a prosecutor's
office.

-- On June 2, 2005, the Parliament also adopted several amendments
to the Law on Labor Inspection. The Law now allows for the
inspection of both legal and physical persons, paving the way for
labor inspection of the informal sector. It also allows the LIO to
request local public administrations to withdraw the licenses of
employers who repeatedly neglect labor inspection recommendations.

-- On June 2, 2005, the Code on Administrative Offenses was also
amended to increase fines for employers using child labor from USD
320 to USD 4,000.

-- The LIO has 123 employees, with 81 of those employees carrying
out inspections. Two Labor Inspection Officers are posted in each
district (raion) throughout the country. LIO employees cover all

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types of labor violations, not just those connected to child labor.
However, the government does not keep separate records of those
labor investigations that deal with child labor. Nor do published
statistics analyze inspections and infractions by age or industry.
No data exist for implementation of penalties imposed on those who
involve minors in work that is hazardous for their health.

-- The LIO's analysis of employment figures for 2005 concludes that
668 salaried persons under the age of 18, out of a salaried work
force of 654,712, were employed in 2005 in unsanitary or hazardous
conditions that involved hard physical labor. The National Bureau
of Statistics stated that the number of persons between the ages of
15 and 18 registered in the labor market was 11,300 in 2005, 12,500
in 2007, and 7,100 in the first quarter of 2007.

-- LIO figures for 2005, for instance, report that 6,327
inspections occurred and that 71,139 violations were noted. As
noted, no breakdowns for violations involving children are
available. In 2006, 6,025 inspections occurred, and 2,001 in the
first four months of 2007. The LIO states that it is able to
inspect no more than 4% of the approximately 180,000 businesses in
Moldova. Between 2000 and April 2007, 16 persons under 18 were
involved in accidents caused by lax safety and health conditions.


-- According to ILO's International Program on the Elimination of
Child Labor (ILO-IPEC),many children work in agriculture, but it is
very difficult to identify children involved in forced labor in
agriculture and those helping on family farms, a practice that is
very common throughout the country. There are no specific laws that
address child labor on family farms.
-- On November 24, 2006, the Ministry for Social Protection, Child
and Family was established (Law No. 357-XVI on amendment of the Law
on the Government Structure). Its district-level directorates will
be created in 2008. The main tasks of the newly established
Ministry are to consolidate the government's child labor programs
under one umbrella, and develop and implement policies on social
insurance, social assistance, protection of the rights of children
and family, gender equality, prevention of domestic violence, and
social protection of victims.
-- On May 28, 2007, a Child Labor Unit (CLU) was set up within the
Labor Inspectorate of Moldova. The CLU includes two persons who
will act as a secretariat of the National Steering Committee on the
Elimination of Child Labor (established in 2004) and will be
responsible for developing, implementing and monitoring the national
response for the eradication of child labor in Moldova.

-- In June 2007, the Labor Inspectorate, with the support of
ILO-IPEC partners, developed the Country-specific Training
Curriculum for Labor Inspectors on Combating Child Labor. This
curriculum was used to train 34 labor inspectors from five of ten
labor inspectorates.

-- On July 3, 2007, the National Commission for Tripartite
Bargaining and Consultation approved the Collective Convention on
Elimination of the Worst Forms of Child Labor and the List of Works
Prohibited to Children. The Convention entered into force on July
24, 2007. The Secretariat of the Commission will coordinate the
implementation of the provisions of the Convention. The Convention
plans a scheduled elimination of specific worst forms of child labor
in Moldova.

-- In May 2007, the Child Labor Documentation Center was organized
within the Labor Inspectorate. The center is equipped with updated
information on relevant legislation and policies, information
materials and working tools for multidisciplinary professionals
dealing with the issue of child labor.


7. Whether there are social programs to prevent and withdraw
children from the worst forms of child labor:

-- In April of 2004 a Memorandum of Understanding was signed between
the GOM and the ILO to establish the International Program on the
Elimination of Child Labor (IPEC) in Moldova. The ILO-IPEC program
is funded by Germany and the U.S. Department of Labor. In May 2004,
the National Steering Committee on the Elimination of Child
Labor was created to oversee and guide the activities of ILO-IPEC in
Moldova. The National Steering Committee has a tripartite structure
made up of relevant GOM ministries, ILO-IPEC, and workers' and
employers' organizations. It also includes a consultative group,
which includes international organizations and related NGOs.
ILO-IPEC is funding several programs, including a project being
implemented by the NGO La Strada, to improve the reintegration of
child trafficking victims. UNICEF is funding a Center for Child
Abuse Prevention in Chisinau that deals with children at risk,
including potential victims of trafficking and exploitation.

-- A National Human Rights Action Plan was adopted by the Parliament
in November 2003. The Action Plan includes separate chapters
dedicated to preventing and combating trafficking in human beings,

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ensuring the right to education, and ensuring the rights of
children.

-- The GOM approved the National Strategy on "Education for All"
(2004-2008) in April 2003. The Ministry of Education drafted the
strategy and is responsible for its implementation and oversight.
The main objective of the Strategy is to provide access to
high-quality early and basic education to all children, especially
children from vulnerable families.

-- Article 9 of the Law on Education specifies compulsory primary
and secondary education for every child under sixteen years old.
However, ILO-IPEC reported in its 2005 "Child Trafficking - The
People Involved" report, that despite this law and the Education for
All strategy, the number of unschooled children is growing. Some
11% of children of school age have never attended school. Of the
children who do attend, only 80% attend regularly and many children
drop out of school early to start work.


8. Does the country have a comprehensive policy aimed at the
elimination of the worst forms of child labor?
-- The Government of Moldova approved the National Employment
Strategy of Moldova for the period 2006-2020 on May 31, 2007. The
strategy will facilitate access to decent and sustainable employment
by aligning academic and vocational education with labor market
needs and increasing vocational counseling, especially in rural
areas.

-- On July 3, 2007, the National Commission for Tripartite
Bargaining and Consultation approved the Collective Convention on
Elimination of the Worst Forms of Child Labor and the List of Works
Prohibited to Children.

-- Education is free in law, but extra fees for books and uniforms
can make costs prohibitive for some families. However, at the
beginning of the second quarter of the 2006-2007 school year, the
Ministry of Education noted a drop in the number of children not
attending school (from 438 in 2005-2006 to 224),and a drop in the
number of dropouts (from 297 in 2005-2006 to 141). As noted in the
preface, the ILO-IPEC survey noted that approximately 16,000 young
people between the ages of 15 and 16 leave the educational system
each year without any professional qualification.


9. Is the country making continual progress toward eliminating the
worst forms of child labor?

-- As noted in para. 6, the LIO has 123 employees, with 81 of those
employees carrying out inspections. Two Labor Inspection Officers
are posted in each district.

-- The inspectors have established and maintained good working
relationships with public institutions, particularly the police and
the National Employment Agency, and have received useful training
from Belgian and Romanian experts. In addition, they have benefited
from legal changes in force since 2005, which allow them to apply
administrative sanctions without referral to the courts, and to
inspect both legal and physical persons, thus paving the way for
inspection in the informal sector. Nevertheless, the LIO inspectors
face serious challenges, according to ILO-IPEC:

-- A Fragmented Inspection System: Inspectors do not have a single,
unified manual governing their work, but consult guides on labor,
health, nomenclature of industries, and meteorological and technical
surveillance. In addition, the LIO shares an overlapping mandate
with the National Center for Preventive Medicine (NCPM),and must
rely on NCPM staff and equipment to measure and document hazards.
The NCPM often cannot help, because of lack of equipment, and
competing priorities, such as food inspection and epidemiological
surveillance.

-- Insufficient Capacity: The 81 territorial inspectors are able to
reach only 3.8% (approximately 7,000 of 180,000) registered
enterprises per year. Inspectors are paid between USD 100 and 150
per month, and often lack funds for transport, hazard-risk
measurement tools, and computers.

-- Lack of Access to the Informal Economy: Despite the increase in
inspection authority, the LIO's limited resources will restrict
access to traditional, unstructured, family, artisanal, and
generally unregistered businesses. Shifting workplaces, such as
street work, are hard to find, and businesses carried out in
private
homes are difficult to inspect, because of privacy rights.

-- Corruption: Only two LIO representatives have been fined for
corruption. However, according to a recent Transparency
International poll, almost 20% of entrepreneurs contacted by labor
inspectors paid bribes. The reform allowing administrative sanction
without reference to the courts, allowing inspectors to levy fines
directly, could unintentionally increase corruption.

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KIRBY